How to Determine If It Is Worthwhile to File in Small Claims Court, Advice from a Judge

When someone owes you money, from a contract dispute, damage to your property, a landlord-tenant situation or other reason, it can sometimes be difficult to decide if it is worthwhile taking your case to small claims court. Here are some things to consider in making that decision.

Difficulty: Moderate

Instructions

Things You'll Need:

• Documents or other evidence
• Contact information for the person you would be suing.
• Information on court requirements and procedures.

1. Do you have documents or evidence to present in court that will establish your claim? Things like contracts, estimates, leases, promissory note or I.O.U., photos, witnesses,etc. can give the court a basis for ruling in your favor. Unless you are sure the other party will not contest the claim, the old "my word against yours" is seldom enough to warrant a case.

2. Do you have contact information for the person you would be suing? The court will need a current valid address so the complaint, summons, and/or other papers can be served. In addition to home address, a work address or frequent hangout for the party can be helpful if a process server needs to track him or her down.

3. Is your claim within the jurisdiction of the court and within the statute of limitations for that kind of case? Lawsuits must be filed with a specified period of time from when the claim arose. A brief phone call or visit to the local small claims court can provide that information. For the court to consider your claim it must be filed with in the statutory time period, and in the proper court.

4. If you win your small claims case, does the other party have assets that the court can order to be attached and sold, or will there be other means you can use to collect on a court judgment. If the court rules in your favor and gives you a monetary judgment, how will that be enforced? Does the party have personal property that can be sold by court order to satisfy your judgment? Some states allow wage attachment for small claims judgments. The court clerk can tell you if that would be an option, if the defendant has a job.

Tips & Warnings

• Gather the information you need to make an informed decision.
• Evaluate the likelihood that there will be a way to collect the judgment from the defendant once the court rules in your favor.
• Don't throw good money after bad. Filing a lawsuit because "it's the principle" just wastes more of your money, unless you have evidence you need to get a court judgment and there are ways to collect the judgment after the court awards it.

[showpup]

on 7/23/2008 Thank you for sharing this. It is highly valuable to learn this at all but learning it from a judge is priceless. 5 stars

[ChristinaEllis]

on 5/29/2008 Great advise. Thank you for sharing with the public.